IMPACT — MEDIUM

The government of New Zealand announced changes to Partnership Work Visas supported by Accredited Employer Work Visa and Essential Skills Work Visa holders.

Key Points:

• Beginning June 1, individuals applying for Partnership Work Visas supported by AEWV or ESWV holders may be required to:
  • Only work for an Accredited Employer.
  • Not work in roles covered by capped sector agreements.
  • Be paid at least the median wage in effect at the time they receive their visa or when they receive a job offer if the role is not covered by a sector agreement.
  • Be paid at least the current income requirement if the role is covered by an uncapped sector agreement.
• The changes to the partner visa does not affect current work visa requirements or for those who apply before May 31.
• There are no changes to visa conditions for partners of New Zealand nationals or partners of those holding other work visas (such as a Post Study Work Visa).
• Individuals applying for a Partner of a Worker Work Visa supported by an AEWV holder that meets Green List or twice median wage requirements will not be impacted by the changes.

Additional Information: Partners do not need to have a job offer to apply for the Partner of a Worker Work Visa, and employers do not need to complete a Job Check. Once approved, partners can change employers without applying for a Variation of Conditions, and there is no minimum number of hours that partners need to work. More information regarding the changes to the Partnership Work Visa is available here.

BAL Analysis: Those who have not yet submitted a Partnership Work Visa application will be impacted by the changes if their AEWV partner does not meet Green List or twice median wage requirements. Those who have already applied for or have gained their Partnership Work Visa will not be impacted by the changes until they need to renew their visa.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The government of New Zealand has recommended individuals apply for visitor visas by April for the FIFA Women’s World Cup.

Key Points:

• Foreign nationals who are not eligible for a New Zealand Electronic Travel Authority and are traveling to New Zealand for the Women’s World Cup in July should apply for visitor visas by the end of April.
• When applying for visitor visas, travelers must indicate if they plan to travel to Australia during the World Cup to receive a multiple-entry visa.
• Visitor visa applications can be submitted online through this website.
• World Cup spectators transiting through New Zealand on their way to or from another country may need a transit visa unless traveling to Australia, from a visa waiver country or from a transit visa waiver country.

Additional Information: Individuals traveling to Australia during the World Cup may need an Australian visa or Electronic Travel Authority in addition to a New Zealand visitor visa. More information is available here.

BAL Analysis: Foreign nationals who are not eligible for a NZETA and are planning on traveling to New Zealand for the 2023 FIFA Women’s World Cup should apply for visitor visas as soon as possible to ensure they receive their visa by July. Travelers who do not hold a visitor visa, NZETA or another valid visa will not be allowed to enter the country for the World Cup.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The government of New Zealand announced an accreditation extension for certain employers under the Accredited Employer Work Visa system.

Key Points:

• Employers who apply for accreditation under the AEWV before July 4, 2023, will receive a 12-month automatic extension.
• Employers are reminded to check that they hold the correct accreditation type (standard, high volume, franchisee or triangular employment) for the employment they want to place work visa holders in.
• If employers do not hold the correct accreditation type, they should apply for the correct accreditation type to ensure that they comply with immigration requirements.

BAL Analysis: New Zealand authorities granted the accreditation extension to remove administrative burdens while employers familiarize themselves with the new system.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT – MEDIUM

The government of New Zealand announced that it will increase its minimum wage in February.

Key Points:

• Beginning Feb. 27, 2023, the median wage rate will increase to 29.66 NZD per hour from 27.76 NZD per hour.
• Employers hiring foreign nationals using the Accredited Employer Visa category must meet median wage requirements or use an exemption.
• Income requirements are based on the annual New Zealand Labor Market Statistics information released annually.

BAL Analysis: Affected employers should take note of the change and budget for the increases as needed. The new income requirement affects only applications received by Immigration New Zealand on and after Feb. 27. The changes do not affect visa applications received by Immigration New Zealand before Feb. 27.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

 IMPACT — MEDIUM

The government of New Zealand recently implemented changes to various immigration policies.

Key Points:

• New Zealand authorities will automatically extend employer accreditations for 12 months for those who apply by July 4, 2023.
• The expansion of the accreditation system will be deferred until 2024. Working Holiday Visa holders, partners of Accredited Employer Work Visa holders and open work visa holders can continue to work for non-accredited employers until at least 2024.
• Foreign nationals who held a Post Study Work Visa but were unable to enter New Zealand because of the COVID-19 pandemic are eligible for a 12-month open work visa if they are not in New Zealand on another visa.
• Critical Purpose Visitor Visa holders can apply for a three-year Specific Purpose Work Visa, allowing them to work in New Zealand in the same role or better that was approved for their Critical Purpose Visitor Visa.
• New Zealand authorities added medical doctors, registered nurses and midwives on the Straight to Residence Green List program.

BAL Analysis: The government of New Zealand continues to implement immigration policy changes to attract more foreign nationals to live and work in the country and address labor shortages.

This alert has been provided by BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

 IMPACT — MEDIUM

The government of New Zealand recently deferred planned changes for the visa requirements of partners of temporary work visa holders until April 2023.

Key Points:

• New Zealand authorities deferred Accredited Employer Work Visa holders’ ability to sponsor partners for Partnership work visas until at least April 2023.
• Previously, the requirement changes for the Partnership work visa were supposed to take effect on Dec. 5. The government of New Zealand stated that they will provide additional information in February 2023.
• More information regarding the deferred changes to the Partnership work visa is available here.

BAL Analysis: The government of New Zealand delayed the visa requirement changes to evaluate and make adjustments to the way partner work rights will be implemented to reflect feedback from stakeholders.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT — MEDIUM

The government of New Zealand has provided updated guidance to foreign nationals submitting medical certificates in support of visa applications.

Key Points:

• Foreign nationals applying for visitor visas should not submit medical certificates until the government requests them.
• Individuals who have already submitted their medical certificates do not need to take further action; the applicant’s status will remain as “waiting on you to provide medicals” until authorities process the certificates.
• Those who applied for Accredited Employer Work Visas or 2021 Resident Visas can check this website for more information on providing medical certificates.

BAL Analysis: The government of New Zealand provided updated guidance for submitting medical certificates after it received an influx of unrequested medical certificates. Foreign nationals applying for visitor visas should not submit medical certificates until they are requested.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

The government of New Zealand has announced that it will reopen its Skilled Migrant and Parent visa categories in November.

Skilled Migrant Resident Visa:

• Beginning Nov. 9, selections of Expressions of Interest (EOIs) for the Skilled Migrant Category Resident Visa will resume.
• On Nov. 9, New Zealand authorities will select all EOIs at the current limit of 160 points.
• After Nov. 9, the points limit for selection will increase to 180 points. The next EOI selection will be on Jan. 18, 2023. After the Jan. 18, 2023, selections will be completed on the third Wednesday of every month.
• People who have already submitted an EOI can update their information or withdraw their EOI and request a refund.

Parent Resident Visa:

• Beginning Nov. 14, selections of already submitted EOIs for the Parents Resident Visa will resume. Additional selections will be made every three months after Nov. 14.
• New Zealand authorities will increase the number of Parent Resident Visas available to 2,500 (from 1,000) annually.
• To sponsor a parent, individuals must earn 1.5 times the New Zealand median wage rather than twice the median wage.
• Selections of new EOIs via begin in August 2023.

Additional Information: More information regarding the Skilled Migrant Resident Visa is available here. More information on the Parents Resident Visa is available here.

BAL Analysis: The reopening of the Skilled Migrant Resident Visa is welcome news as it has been closed to new applications since April 2020. The Parent Resident Visa has also been closed to new applications since 2016. Both Skilled Migrant Residence Visa applicants and Parent Resident Visa applicants should ensure they satisfy the application requirements at the time of EOI selections to avoid possible delays and complications.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

The government of New Zealand has announced that it will increase its minimum wage threshold in February 2023.

Key Points:

• Beginning Feb. 27, 2023, the median wage will increase to 29.66 NZD per hour from 27.76 NZD per hour.
• Employers hiring foreign nationals using the Accredited Employer Visa (AEWV) category must meet median wage requirements or use an exemption.
• Income requirements are based on the annual New Zealand Labor Market Statistics information released annually.

BAL Analysis: Affected employers should take note of the change and budget for the increases as needed. The new income requirement affects only applications received by Immigration New Zealand on and after Feb. 27, 2023. The changes do not affect current visa holders or Job Check applications received by Immigration New Zealand before Feb. 27, 2023.

This alert has been provided by Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

The New Zealand government has announced three new residence categories.

Straight to Residence Visa.

• Beginning Sept. 5, foreign nationals can apply for the Straight to Residence Visa if they have a job or job offer in an occupation under tier 1 of the Green List from an accredited employer and the job:

• • Meets the specified requirements on the list for the occupation.
  • Is at least 30 hours per week, genuine, permanent or at least a 12-month fixed term contract.
• Those wishing to apply for the Straight to Residence Visa as a contractor must meet additional requirements found here.

Work to Residence Visa.

• Beginning Sept. 29, 2023, foreign nationals can apply for the Work to Residence Visa if they have a job or job offer in an occupation under tier 2 of the Green List from an accredited employer and:

• • The job meets the specified requirements on the list for the occupation.
  • They have worked for 24 months in New Zealand in a role that matches an occupation under tier 2 of the Green List.
  • The job is at least 30 hours per week, genuine, permanent or at least a 12-month fixed term contract.
• Acceptable work in New Zealand will be counted toward the 24-month requirement from Sept. 29, 2021, while the applicant held an Accredited Employer Work Visa (AEWV) or another work visa or Critical Purpose Visitor Visa applied for on or held before July 4, 2022.

Highly Paid Residence Visa.

• Beginning Sept. 29, 2023, foreign nationals can apply for the Highly Paid Residence Visa if they have:
  • A job or job offer from an accredited employer that is paid at least twice the median wage.
  • Been working for 24 months in New Zealand in a job paid at least twice the median age.
• Acceptable work in New Zealand will be counted toward the 24-month requirement from Sept. 29, 2021, while the applicant held an Accredited Employer Work Visa (AEWV) or another work visa or Critical Purpose Visitor Visa applied for on or held before July 4, 2022.

Additional Information: As a general rule, applicants must be 55 or younger, meet the English language requirements and satisfy health and character requirements for residence in New Zealand. A complete list of eligibility requirements for the Straight to Residence Visa, Work to Residence Visa and Highly Paid Residence Visa is available here.

BAL Analysis: The new residence categories aim to make it easier for employers to hire and attract foreign nationals for high-skilled and hard-to-fill jobs in New Zealand with a more straightforward application process than the Skilled Migrant Category.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.